Daniel Schatto’s jail sentence for dealing drugs suspended following successful Supreme Court appeal

A police officer from the Riverland who was jailed for trafficking drugs in an attempt to help his drug-addicted ex-wife has won a major legal victory.

A police officer who was jailed for drug trafficking after supplying money to his drug-addicted ex-wife so she could support her habit has been released following a successful appeal.

Daniel Schatto, 46, was jailed for three and a half years with a non-parole period of 22 months starting in September on a single charge of drug trafficking.

On Friday the Court of Appeal unanimously allowed an appeal against Schatto’s sentence, ordering he be released on a suspended sentence.

During submissions in both the Court of Appeal and the District Court, Nick Healy, for Schatto, argued that his client had been misguided in his attempt to help his former partner, Natasha Schatto.

Police found 3.38gof methamphetamine in a makeup bag in Ms Schatto’s possession on April 19, 2020 when they stopped her car as it entered Renmark.

Police had received a tip-off that she would be entering the town with drugs in the vehicle

An analysis of the ex-wife’s bank account showed transfers of $200 on April 13 and two transfers of $500 on April 14 and 15.

Daniel John Schatto outside the Adelaide Magistrates court. Picture: David Mariuz

Schatto admitted that the money had been sent to his ex-wife so she could buy drugs, but he argued that he thought the drugs were for personal use.

By the time Ms Schatto was arrested, she had already sold a gram of the drug.

Schatto and his ex-wife had broken up in 2018 in what was described as acrimonious circumstances.

He said the money was to try to keep her happy and allow her to buy more drugs for cheaper.

Ms Schatto was spared an immediate jail sentence for drug trafficking, while Schatto was jailed.

Natasha Schatto outside the Adelaide District Court. Picture: David Mariuz

The Court of Appeal, consisting of Preisde Mark Livesey and Justices Sam Doyle and Sophie David, said that Schatto had a higher moral culpability because he had been a police officer at the time.

“Though not committed in connection with the performance of his duties, the appellant’s offending represented a serious failure to adhere to his oath to uphold the law and to protect the community,” they wrote in a joint judgment.

“Participation in drug trafficking, even to the limited extent established, undermined the community’s expectations of and confidence in our police force.”

However, the court concluded that the hardship to Schatto’s children and the fact the offending occurred over a limited period during which he was trying to appease his former spouse led them to find reasons to suspend the sentence.